Judgment

MITTER, J.:- The question involved in this appeal by special leave from an order of the Bombay High Court rejecting summarily a petition under Article 227 of the Constitution for the issue of a writ of certiorari or other appropriate writ for examining the legality of the award made by the Industrial Tribunal, Maharashtra on July 27, 1965 and published in the Maharashtra Gazette on August 19, 1965 and for quashing the same appears to be one of first impression so far as this Court is concerned.

2. The appellant before this Court is an institution which came into existence as far back as 1834. It originated in the desire of certain Hindu and Parsee gentlemen of the City of Bombay to put a stop to the practice of killing of stray dogs by the sepoys of the East India Company. The deed of October 18, 1834 shows that certain Hindu, Parsees and Mahajuns had resolved to start a Panjrapole with suitable buildings by raising subscription and also by promising to pay certain fees on stated mercantile commodities to the Panjrapole to be established for the keeping of stray cattle and other animals and for protecting their lives. This was followed by a deed of declaration of trust executed on 2nd November, 1850. This shows that the institution mentioned in the earlier document had been established and the management of its funds had been placed in the hands of certain Banias under the superintendence of Sir Jamshedjee Jeejeebhoy and that out of the surplus funds collected Rupees 75, 057/- had been invested in the purchase of Government Promissory notes. The trustees were to stand possessed of the said notes and interest and dividends thereof upon trust for the use and benefit of the said institution.

3. On 2nd November, 1850 a deed of assignment and declaration of trust in favour of Panjrapole was executed by Sir Jamshedjee Jeejeebhoy to Khimchand Motichand. This document shows that a part of the surplus funds had been invested in the purchase of several pieces or parcels of lands, houses etc. and the new trustees were to stand possessed of the same upon trust for the use and benefit of the said institution. Another trust deed was executed on 5th September, 1851 by Khimchand Motichand, Sir Jamshedjee Jeejeebhoy and others. This document shows that the institution was then possessed of considerable wealth comprising of Government promissory notes, houses, lands and other immovable estate in the Island of Bombay, besides cash balances.

4. The funds of the institution appear to have been augmented further under a deed of 10th June, 1871. According to this document certain charitably disposed persons, Hindus and Parsees, had raised a fund for releasing animals in Surat meant for slaughter on the occasion of Bakri-Id and Id-E-Kurbani. The trustees of the said fund being desirous of transferring the sums in their hands with all accumulations of interest, income etc. and also the trust thereof to the trustees of the Bombay Panjrapole had requested the trustees of the said Panjrapole to become the trustees of Surat Bakri-Id fund to which the latter had agreed. This document shows further that the trustees of the Bombay Panjrapole had agreed to use the said funds towards the purchasing, releasing and redeeming from slaughter some of the cows, sheep and other animals intended or likely to be sacrified at Surat on Bakri-Id or Id-Kurbani occasions and for conveyance of the animals so purchased to be kept there according to the custom and rules of that institution. In 1915 the Government declared the institution as an infirmary under the Prevention of Cruelty to Animals Act (IX of 1890).

5. It would appear that the Bombay Panjrapole expanded its activities considerably over the years and had besides its original seat at Bombay, branches at three other places, viz., at Raita, Bhiwandi and Chembur. Cattle, birds and other animals were kept and maintained at all these places. A very large number of persons was pursuing manifold activities at the said